Ministers: Law Officers
The question
To ask the Solicitor General, with reference to paragraph 7.16 of the Ministerial Code, how many ministers have consulted the law officers on legal proceedings in a personal capacity since 4 July 2024.
Answered by Sarah Sackman
Paragraph 7.16 of the Ministerial Code (3.17 of the Ministerial Code updated on 6 November 2024) obliges Ministers involved in legal proceedings in a personal capacity to consult the Law Officers in good time and before legal proceedings are initiated.
The Law Officers do not disclose whether ministers have consulted them on legal proceedings in a personal capacity.
This is due to the long-standing convention, observed by successive Governments, that the fact of, and substance of advice from, the Law Officers of the Crown is not disclosed outside government. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence. This is set out in paragraph 21.27 of Erskine May, is known as the Law Officers’ Convention, and it applies to your question.
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